Claimant v Heritage Funeral Services Ltd
Outcome
Individual claims
The tribunal found the respondent made an unauthorised deduction of £184.62 (2 days' pay) from the claimant's final wages. While the respondent was entitled to deduct 5 days' pay for excess holiday taken, it attempted to deduct further amounts to recover a £400 exam fee based on a verbal agreement. The tribunal held this deduction was not authorised by statute, a relevant contractual provision in writing, or the claimant's prior written consent, thus breaching s.13 ERA 1996.
The tribunal found the respondent dismissed the claimant without notice on 9 February 2024. The claimant was contractually entitled to one month's notice. The respondent argued the employment ended by mutual agreement or, alternatively, that gross misconduct justified summary dismissal. The tribunal rejected both defences: the claimant left under threat of dismissal (not consensual termination), and there was no evidence of conduct amounting to a repudiatory breach justifying dismissal without notice.
Facts
The claimant worked as an embalmer for the respondent funeral services company in two periods: July 2022 to May 2023, and October 2023 to February 2024. On 9 February 2024, the respondent's director confronted the claimant after receiving a reference request from the University of Glasgow. He told her she could leave or be dismissed, accused her of gross misconduct without explanation, and escorted her from the premises. The respondent withheld her final wages and notice pay, claiming entitlement to deduct for excess holidays and a £400 exam fee paid in 2022.
Decision
The tribunal found the respondent dismissed the claimant without notice on 9 February 2024. The dismissal was not consensual as it occurred under threat. The respondent failed to prove gross misconduct justifying summary dismissal. The claimant was entitled to one month's contractual notice pay (£1,830.70 net). The respondent also made an unauthorised deduction of £184.62 from final wages by attempting to recover the exam fee without proper contractual authorisation or written consent as required by s.13 ERA 1996.
Practical note
Employers cannot rely on informal verbal agreements to deduct sums from final wages without compliance with s.13 ERA 1996's requirements for written contractual terms or prior written consent, and allegations of gross misconduct justifying summary dismissal require clear supporting evidence and cannot be asserted retrospectively to defend wrongful dismissal claims.
Award breakdown
Award equivalent: 4.4 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 8000264/2024
- Decision date
- 3 September 2024
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- in house
Employment details
- Role
- Embalmer
- Salary band
- £20,000–£25,000
- Service
- 4 months
Claimant representation
- Represented
- No